주주총회 활성화와 전자투표제도의 도입

• 영문명: The Introduction of Electronic Voting System for the Activation of shareholders' Meeting
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 곽관훈(Kwan-Hoon Kwak)
• 간행물 정보: 『비교사법』비교사법 제11권 3호, 265~292쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.09.01

영문 초록

Shareholders' meeting were important because they provided a forum for discussion about the conduct of the business and a sharing of collective wisdom. However, in recent year, the situation of corporate ownership meeting had been changed, then the roll of shareholders' meeting had been changed also. As corporate ownership became widely dispersed, with greater numbers of shareholders spread across a growing geographic area, it became more and more inconvenient for shareholders to attend meeting, and the absent shareholder was effectively disenfranchised. Thus, the delegation of one's voting right, or proxy, and the exercise of voting right in writing was developed to enable the shareholder to exercise her voting right in the corporation. However, in contrast to the pre-proxy shareholder meeting where corporate information flowed freely, the absent shareholder was left in dangerous ignorance because statutes of the Commercial Law granting the right to vote by proxy did not provided that the shareholder was entitled to receive information about the corporation. The shareholder who could not attend the meeting in person was still effectively disenfranchised. This development allowed management to take advantage of an uninformed owner and entrench itself in corporate control. However, the other side, it had been increased for shareholders to pay no attention to shareholder meetings. The idea of participation at the shareholder meeting is fundamental to corporation law, and shareholder meetings are invalid unless attended by shareholders. Voting at the meeting, in addition, is the only means the shareholder has available that protect his status as residual owner of the corporation. But, it is difficult that all shareholders have attended shareholder meeting which had been held at a physical place, then shareholder meetings discharge their duties to protect shareholder, specially minority shareholder from the despotism of management. However, the expansion of the Information Technology, specially Internet, is profoundly affecting the evolution of corporations in Korea. Shareholder and management, or between shareholders, use the internet to connect with securities markets which need no physical location and are almost exclusively computer-driven. The Internet has removed obstacles of shareholder meetings in physical place. In particular, the introduction of electronic voting system is contribute for shareholders to participate in shareholder meeting because the shareholder in remote place could attend the shareholder meeting by electronic voting, and then activation of shareholder meeting has been achieved.

목차

Ⅰ. 서 론

Ⅱ. 주주총회 활성화의 필요성 및 방안

Ⅲ. 전자투표제도의 도입

Ⅳ. 결 론

참 고 문 헌

【ABSTRACT】